When Is a Change of Registered Agent Required in Montana?
Montana law requires a represented entity to file a statement of change with the Secretary of State whenever it needs to change its registered agent, its registered office address, or both. Under the Montana Code Annotated (Mont. Code Ann.) § 35-7-108, a represented entity may change the information currently on file regarding its registered agent by filing a statement of change signed on behalf of the entity. Montana’s registered agent framework is consolidated under Title 35, Chapter 7 of the Montana Code Annotated — the state’s adoption of the Model Registered Agents Act — which applies uniformly to corporations, LLCs, limited partnerships, limited liability partnerships, cooperative associations, and all other entity types that maintain a registered agent in the state.
Every domestic and foreign filing entity registered in Montana must continuously maintain a registered agent and registered office in the state. A domestic corporation without a registered agent or registered office for sixty days or more faces administrative dissolution under Mont. Code Ann. § 35-14-1420, and a foreign corporation in the same position faces termination of its registration under Mont. Code Ann. § 35-14-1511. The circumstances that commonly trigger a change filing include:
- The current registered agent resigns
- The current registered agent moves out of Montana or no longer qualifies to serve
- The registered agent’s business address changes due to physical relocation, postal renaming, or other cause
- The registered agent is no longer available at the registered office during normal business hours
- The entity voluntarily selects a new registered agent or switches to a commercial registered agent service
- The entity revokes the appointment of its registered agent
Montana does not differentiate between voluntary and involuntary changes — the filing mechanism is the same regardless of the reason for the change.
Grounds for Changing Your Registered Agent in Montana
Business owners file a change of registered agent or registered office for a range of practical and compliance-driven reasons. The table below identifies the most common grounds and the filing each one requires.
| Ground | Filing Required |
| Registered agent resigns | Statement of change to appoint a new agent |
| Registered agent relocates out of Montana | Statement of change to appoint a new agent |
| Registered agent’s address changes (agent remains the same) | Agent-initiated statement of change (by the agent under Mont. Code Ann. § 35-7-109 or § 35-7-110), or entity-filed statement of change |
| Entity switches to a commercial registered agent service | Statement of change by entity |
| Registered agent no longer available during business hours | Statement of change to appoint a new agent |
| Registered agent becomes disqualified or incapacitated | Statement of change to appoint a new agent |
| Entity changes its registered office address while keeping the same agent | Statement of change by entity or agent-initiated statement of change |
Montana’s registered agent information is part of the public record maintained by the Secretary of State, searchable through the Montana Business Filings online portal. Any inaccurate or outdated registered agent information should be corrected promptly — a corporation that fails to notify the Secretary of State within sixty days of a change in its registered agent or registered office may face administrative dissolution proceedings.
Montana Registered Agent Change Requirements
Several eligibility, address, consent, and execution requirements must be satisfied before a represented entity files a statement of change with the Secretary of State.
Eligibility of the New Registered Agent
Montana’s Model Registered Agents Act recognizes two categories of registered agent:
- Option A – Commercial Registered Agent: An individual or a domestic or foreign entity that has filed a commercial registered agent listing statement with the Secretary of State under Mont. Code Ann. § 35-7-106. A commercial registered agent is in the business of serving as agent for multiple entities and must maintain a place of business in Montana.
- Option B – Noncommercial Registered Agent: An individual or entity that serves as registered agent for a particular entity but is not listed as a commercial registered agent. The noncommercial agent’s name and street address must be stated in the filing.
In both cases, the agent must maintain an actual street address or rural route box number in Montana, as required by Mont. Code Ann. § 35-7-104.
Registered Office Address
The address of the registered office must be an actual street address or rural route box number in Montana where service of process can be personally delivered. A mailing address may be listed if it differs from the street address, but a P.O. Box alone does not satisfy the requirement. For a commercial registered agent, the address on file with the Secretary of State through the agent’s listing statement serves as the registered office for all represented entities.
Consent of the New Registered Agent
Under Mont. Code Ann. § 35-7-108(3), “the appointment of a registered agent pursuant to subsection (1) is an affirmation by the represented entity that the agent has consented to serve as a registered agent.” By filing the statement of change, the entity affirms that the named agent has consented. Montana does not require the agent’s signature on the entity’s statement of change, nor does it require a separate consent form to be filed with the Secretary of State. The consent affirmation is embedded in the filing itself.
Execution
The statement of change must be signed on behalf of the represented entity. Under Mont. Code Ann. § 35-7-108(2), the interest holders or governors of a domestic entity need not formally approve the filing of a statement of change — the person authorized to act on behalf of the entity may sign the statement without a resolution or other separate authorization. The statement need not be notarized.
How to File a Statement of Change of Registered Office/Agent
The change of registered agent in Montana is filed through the Secretary of State’s online filing portal. The Secretary of State’s Change Registered Agent/Office Address guide provides step-by-step instructions for completing the filing.
To file a statement of change online, follow these steps:
- Visit the online filing portal at biz.sosmt.gov and log in with a username and password. New users must create an account by clicking the Login button and selecting “Create an Account.”
- Search for the business by name or folder ID using the Search function.
- Click on the business name in the search results to open the entity’s record.
- In the slide-out panel on the right side of the screen, click on Filing Actions.
- Scroll down and select “Registered Agent/Office Change by Entity.”
- Complete the form with the new registered agent information. If appointing a commercial registered agent, enter the agent’s name as it appears in the Secretary of State’s commercial registered agent listing. If appointing a noncommercial registered agent, enter the agent’s name and Montana street address.
- Review the information, check the required declaration boxes, and click “File Online” to submit.
The statement of change takes effect on filing under Mont. Code Ann. § 35-7-108(4). As an alternative to the statement of change under Chapter 7, a represented entity may change its registered agent information by amending its most recent registered agent filing in the manner provided by other applicable Montana statutes — for example, by filing an amendment to articles of incorporation or articles of organization — though the statement of change is typically the more streamlined option.
Filing Method: Online vs. Mail
Montana strongly favors online filing through the Secretary of State’s business portal. While the Secretary of State’s office can accept paper filings by mail or in person for certain transactions, the registered agent change process is designed to be completed through the online system.
| Method | Details |
| Online | File through the Montana Business Filings portal. Select the entity’s record, then choose “Registered Agent/Office Change by Entity” from Filing Actions. Many filings are processed immediately. |
| Mail / In Person | Contact the Business Services Division at (406) 444-3665 or visit the Secretary of State’s office at State Capitol, Room 260, 1301 6th Avenue, Helena, MT 59620 for assistance with paper filings, if available. |
The Secretary of State encourages all businesses to use the online portal for filing changes. The portal is available at all hours, and many filings are processed immediately after submission. Payments are made by credit card, debit card, or e-check at the time of submission. Because the filing fee for a statement of change is waived (no fee), no payment is required at the time of filing.
Registered Agent Change Filing Fees by Entity Type
Montana does not charge a filing fee for a statement of change of registered agent or registered office. The Business Services Filing Fees schedule published by the Secretary of State confirms that the filing fee for a “Statement of Change – Registered Office/Agent/Both” is NO FEE for all entity types.
| Entity Type | Filing Fee |
| Domestic for-profit corporation | No fee |
| Foreign for-profit corporation | No fee |
| Domestic nonprofit corporation | No fee |
| Foreign nonprofit corporation | No fee |
| Domestic limited liability company | No fee |
| Foreign limited liability company | No fee |
| Domestic limited partnership | No fee |
| Foreign limited partnership | No fee |
| Domestic limited liability partnership | No fee |
| Foreign limited liability partnership | No fee |
| Cooperative association | No fee |
| Business trust | No fee |
Because there is no filing fee, no payment is processed when submitting the statement of change through the online portal. For other business filings that carry a fee, Montana accepts credit card, debit card, and e-check payments through the portal. Expedited processing is available for filings that require it — a twenty-four-hour processing fee of $20.00 and a one-hour processing fee of $100.00 are listed on the fee schedule for applicable filings.
Note: The resignation of a registered agent is also a no-fee filing in Montana. There is no separate charge for the agent’s statement of resignation.
Effective Date of a Registered Agent Change in Montana
A statement of change filed under Montana’s Model Registered Agents Act takes effect immediately upon filing. Mont. Code Ann. § 35-7-108(4) provides that “a statement of change filed under this section takes effect on filing.” There is no waiting period, delayed effective date, or future-event effectiveness option for a registered agent change in Montana.
Immediate Effect: The change of registered agent or registered office address becomes effective as soon as the Secretary of State processes the filing. For online submissions, many filings are processed immediately after submission through the portal at biz.sosmt.gov, making the turnaround time for this type of change especially fast.
Montana’s statutes do not provide for a delayed effective date or a conditional effectiveness for statements of change under Chapter 7. The simplicity of this approach means that the entity’s registered agent records are updated as soon as the filing clears, and the new agent’s authority to receive service of process begins at that same moment.
Changing the Registered Agent Address Without Changing the Agent
When a registered agent changes its own name or address — but continues to serve as agent for the represented entity — Montana law provides a separate mechanism that allows the agent to file directly with the Secretary of State. The process differs depending on whether the agent is classified as a noncommercial registered agent or a commercial registered agent.
Noncommercial Registered Agent: Under Mont. Code Ann. § 35-7-109, if a noncommercial registered agent changes its name or address, the agent must file a statement of change with the Secretary of State for each entity it represents. The statement must include the entity’s name, the agent’s current name and address, and the new name or address. The filing takes effect immediately, and the agent must promptly furnish the represented entity with notice of the filing and the changes made.
Commercial Registered Agent: Under Mont. Code Ann. § 35-7-110, a commercial registered agent that changes its name, address, or type or jurisdiction of organization files a single statement of change with the Secretary of State. That single filing automatically updates the registered agent information for every entity the commercial agent represents — the agent does not need to file separately for each entity. The filing takes effect immediately, and the agent must promptly furnish each represented entity with notice of the changes.
The following table compares the entity-filed statement of change with the agent-initiated statement of change:
| Feature | Entity-Filed Change (§ 35-7-108) | Agent-Filed Change — Noncommercial (§ 35-7-109) | Agent-Filed Change — Commercial (§ 35-7-110) |
| Filed by | The represented entity | The noncommercial registered agent | The commercial registered agent |
| Purpose | Change agent, address, or both | Update the agent’s own name or address | Update the agent’s own name, address, or type/jurisdiction of organization |
| Can appoint a new agent | Yes | No — same agent continues to serve | No — same agent continues to serve |
| Covers multiple entities in one filing | No — one filing per entity | No — one filing per entity | Yes — one filing updates all represented entities |
| Prior notice to entity required | No | Agent must promptly furnish notice after filing | Agent must promptly furnish notice after filing |
| Signed by | Person authorized to act for the entity | The registered agent | The registered agent |
| Filing fee | No fee | No fee | No fee |
The commercial agent mechanism is particularly valuable for professional registered agent services that represent hundreds or thousands of Montana entities. A single filing updates the agent’s address across the entire portfolio without requiring each entity to file independently.
Note: If a commercial registered agent changes its address without filing the required statement, the Secretary of State may cancel the agent’s listing under Mont. Code Ann. § 35-7-110(5). Cancellation has the same effect as a termination — each represented entity is left without a registered agent, and the Secretary of State delivers notice to both the affected entities and the agent.
What Happens After the Change Is Filed
Once the Secretary of State processes the statement of change, the entity’s registration records are updated immediately. The practical effects include:
- The entity’s registered agent and registered office information in the Secretary of State’s records reflects the new agent name, new address, or both.
- The Secretary of State notifies the registered agent of the filing as soon as practicable, as required by Mont. Code Ann. § 35-7-105(3).
- The updated agent information becomes part of the entity’s public filing history, searchable through the online business records system.
- The former registered agent’s authority to accept service of process on behalf of the entity terminates as of the effective date of the change.
- Confirmation documents are available for download from the filer’s Work Queue in the online portal.
Changing a Registered Agent for a Foreign Entity Registered in Montana
A foreign entity registered to transact business in Montana is subject to the same registered agent and registered office requirements as a domestic entity. Under Mont. Code Ann. § 35-14-501, each corporation — defined to include both domestic corporations and registered foreign corporations — must continuously maintain a registered agent in compliance with Title 35, Chapter 7. The same requirement applies to foreign LLCs, foreign limited partnerships, and other foreign entity types authorized to do business in Montana.
A foreign entity changes its registered agent by filing the same statement of change through the online portal that a domestic entity uses, under the procedures of Mont. Code Ann. § 35-7-108. The same eligibility requirements, consent affirmation, execution rules, and filing methods apply. There is no filing fee for the statement of change, regardless of whether the entity is domestic or foreign.
A foreign corporation that fails to maintain a registered agent in Montana for sixty days or more faces administrative termination of its registration under Mont. Code Ann. § 35-14-1511. For foreign LLCs, the Secretary of State may commence a revocation proceeding under Mont. Code Ann. § 35-8-1011 if the foreign LLC is without a registered agent for sixty days or more. In either case, the foreign entity loses its authorization to transact business in Montana and may be subject to service of process through other means permitted by law.
Frequently Asked Questions About Changing a Registered Agent in Montana
How long does it take to change a registered agent in Montana?
The Secretary of State does not publish a guaranteed processing time for a statement of change, but many online filings are processed immediately after submission through the Montana Business Filings portal. During periods of high filing volume, the office may experience some processing delays. The Business Services Division can be reached at (406) 444-3665 for questions about current processing times. For filings requiring faster turnaround, the Secretary of State offers a twenty-four-hour processing option for $20.00 and a one-hour processing option for $100.00, though these expedited fees apply only to filings that carry a processing charge.
Do I need to notify my current registered agent before changing?
Montana law does not require a represented entity to notify the outgoing registered agent before filing a statement of change. The change takes effect on filing, and the former agent’s authority terminates at that point. Many entities choose to inform the outgoing agent as a courtesy, but it is not a statutory prerequisite under Mont. Code Ann. § 35-7-108. If the outgoing agent wishes to end the relationship independently, the agent may file a statement of resignation under Mont. Code Ann. § 35-7-111.
Can I change my registered office address without changing the registered agent?
Yes. The statement of change permits the entity to update only the registered office address while keeping the same registered agent. Alternatively, if the registered agent is the one initiating the address change, the agent may file its own statement of change under Mont. Code Ann. § 35-7-109 (for noncommercial agents) or Mont. Code Ann. § 35-7-110 (for commercial agents), without requiring the entity to file separately.
What is the agent-initiated address change form and when is it used?
Montana’s Model Registered Agents Act provides two agent-initiated change mechanisms. A noncommercial registered agent that changes its own name or address files a statement of change under Mont. Code Ann. § 35-7-109 — one filing for each represented entity. A commercial registered agent files under Mont. Code Ann. § 35-7-110, and a single filing updates the agent information for all represented entities simultaneously. Neither form can appoint a different agent. The agent must promptly furnish each represented entity with notice of the filing.
Is there a penalty for not filing a change of registered agent?
Montana requires continuous maintenance of a registered agent and registered office. A domestic corporation without a registered agent for sixty days or more faces administrative dissolution under Mont. Code Ann. § 35-14-1420. A domestic LLC faces involuntary dissolution under Mont. Code Ann. § 35-8-209 if it fails to appoint and maintain a registered agent for sixty days. Foreign entities face termination of registration or revocation of their certificate of authority. In addition, an entity without a registered agent may be served with process through any applicable judicial rules and procedures under Mont. Code Ann. § 35-7-113, creating a risk of default judgment.
Can I change my registered agent and the registered office address in the same filing?
Yes. The statement of change under Mont. Code Ann. § 35-7-108 permits a represented entity to change the registered agent, the registered office address, or both in a single filing. No filing fee applies regardless of how many items are updated.
What happens if my registered agent resigns?
A registered agent may resign at any time by filing a statement of resignation with the Secretary of State under Mont. Code Ann. § 35-7-111. The resignation takes effect on the earlier of the thirty-first day after filing or the appointment of a new registered agent by the entity. There is no filing fee for a statement of resignation. The resigning agent must promptly furnish the represented entity with notice of the filing date. Once the resignation takes effect, the entity must file a statement of change to appoint a replacement agent — failing to do so within sixty days may trigger administrative dissolution or termination proceedings.
Does the new registered agent need to sign the change form?
No. The statement of change is signed on behalf of the represented entity, not by the new registered agent. Montana does not require the new agent’s signature on the filing or a separate consent form filed with the Secretary of State. Instead, the filing itself constitutes an affirmation by the entity that the named agent has consented to serve, as provided in Mont. Code Ann. § 35-7-108(3). The interest holders or governors of the entity need not separately approve the filing.
Can I use a P.O. Box for the new registered office address?
No. Under Mont. Code Ann. § 35-7-104, whenever a provision of Chapter 7 requires that a filing state an address, the filing must include an actual street address or rural route box number in Montana. A mailing address may be listed if it differs from the street address, but a P.O. Box alone does not satisfy the physical address requirement. The registered agent must be reachable at a physical location in the state where service of process can be delivered.
Is the filing fee the same whether I file online or by mail?
Yes — and in Montana’s case, the filing fee for a statement of change of registered agent or registered office is no fee regardless of how the filing is submitted. The Business Services Filing Fees schedule confirms this for all entity types, including corporations, LLCs, limited partnerships, LLPs, and associations. Because no fee is charged, no payment is processed at the time of filing.